Fort Walton Beach Council agenda — 09-14-2010 Special-City Attorney Condidates — reading text

resumes for the variety of Court' s admissions for the other members of the Firm proposed to provide services to the City. Proofs of lawyers' professional liability insurance and general liability insurance coverages for the Firm are enclosed. The Request for Professional Legal Services Indemnity and Insurance Requirements are acknowledged and upon selection the Firm is prepared to document compliance as required by the City. The Firm' s website can be found at www.pleatperry.com.  City of Midway City Attorney Services Page 2 of 2 City Attorney or General Counsel services to local government clients of the Firm are by providing " outside attorney" contract arrangement. The Firm' s office is located in Destin, Florida, and easily accessible to Fort Walton Beach City Hall and other City facilities within a twenty ( 20) minute drive time. Maximum utilization of City staff offices and meeting rooms for required conferences is contemplated. Deposition, when within the control of the Firm, are contemplated to occur at service providers' locations within the City of Fort' Walton.Beach. It is proposed that services by the Firm will utilize all of the resources of the Firm required of the City. The Firm' s lawyer staff has combined legal practice experience in excess of 130 years, with over 100 of those years being Florida experience. The attorney staff is supported by a substantial and competent staff. It is proposed tl^ t J. Jerome Miller would serve the City as City Attorney, with primary assistance by David B. Pleat, Elizabeth V. LaFollette and Winter E. Spires. J. Jerome Miller, David B. Pleat and Elizabeth V. LaFollette are Martindale Hubbell Directory, peer rated, AV attorneys, the highest rating available for legal proficiency and ethical standards available. The resume of each named attorney is enclosed. Other attorney staff may perform services as well, under the direction of the City Attorney and in the best interest of the City. David B. Pleat and Winter E. Spires are shareholders in the Firm. J. Jerome Miller and Elizabeth V. LaFollette are Of Counsel to the Firm. Jerry Miller' s practice is substantially dedicated to municipal practice with 35 years experience in all facets of municipal law in representation of six ( 6) Florida municipalities as City Attorney, including fifteen ( 15) years for Fort Walton Beach, twenty -two ( 22) years for Destin and eight ( 8) years for Crestview. Jerry Miller has specific subject matter experience in Florida' s Sunshine Law and Public Records Law; Florida State and Federal Procurement and Contract Law, knowledge and experience with the community development and community redevelopment agencies; has knowledge and experience in the areas of general litigation, administrative hearings, and appeals; has ability to provide legal opinions and advise to the City Council, City Manager, Department Heads; and has ability to provide other municipal legal matters, services including utility franchising and public finance bonds and loans as local counsel. These long standing engagements evidence specifically the ability to communicate effectively with City officials, staff, and the public, highly developed legal writing skills, and ability to present ideas and programs both orally and in writing. Other members of the firm with comparable abilities and skills provide increased level skills in comprehensive planning, land use, employment law and litigation services. Jerry Miller' s experience has included services to three Cities with Redevelopment Agencies, Fort Walton Beach, Destin and Crestview, with that of Destin and Crestview being established while serving as that City' s City Attorney. Especially noteworthy litigation experience involves successful defenses preserving the City Charter of the City of Destin from dissolution, and preserving the funding mechanism of the City of Fort Walton Beach Redevelopment Agency. The latter continued the viability of the City' s Community Redevelopment Agency. For Fort Walton Beach and Destin, comprehensive plan adoption was accomplished while serving as City Attorney, with extensive amendment processes accomplished for all three Cities while serving as City Attorney. Compliant Land Development Codes were likewise adopted and substantially amended during service as City Attorney. City of Midway City Attorney Services Page 3 of 3 David Pleat' s practice is substantially dedicated to civil trial practice, including tort claims from both claimant and defense perspectives, and real estate, including comprehensive planning and land use matters, with extensive federal and state court litigation experience. Liz LaFollette' s practice is substantially dedicated to employment law and related federal and state issues ( ADA, civil rights, etc.), from the employer perspective, with extensive federal and state court litigation experience. Winter Spires' practice is substantially dedicated to civil and criminal trial practice, with extensive state court litigation experience. The Request for Professional Legal Services, Minimum Qualifications and Professional Scope of Services sections has been reviewed, is understood and is acknowledged as typical municipal attorney services. Historically, the practice of firm attorneys has used the phrases, " all necessary and proper local government legal services" and " municipal legal services relating to the City' s legislative, administrative, quasi- judicial, and litigation requirements." The Firm acknowledges and understands that the engagement requires providing all the legal services requirements of the City. The Firm is qualified, capable and prepared to provide those services, or where more appropriate in the best interest of the City, recommend additional special counsel. The Firm has the capacity and experience additionally to serve as local counsel for public finance bonds and loans. Regarding scheduling conflict commitment for the primary or back up counsel, from time to time they City of Destin Local Planning Agency meets on the first Thursday evening of each month. By report the Fort Walton Beach Municipal Planning Board is scheduled monthly on that night. The Firm' s staffing is competent and available to provide attendance to either or any other meeting conflicts that should occur from time to time. The City of Destin, Calendar of Events, Monthly Evening Meetings schedule is enclosed herewith. The Firm' s municipal Client' s share the expense annually for one attorney attending the Florida Municipal Attorney' s Conference and Florida Bar Local Government Section Annual seminar (now accomplished without attendance by Compact Disc). Counsel has no continuing Clients the representation of which pose a known conflict of interest with that of the City of Fort Walton Beach. Regarding fees, the Firm' s proposal is at the hourly rates of $175. 00 for attorney time and $ 75. 00 for legal assistant time, billed in one -tenth hour increments. No retainer is contemplated, as when contracted the City of Fort Walton Beach will have the Firm' s commitment to availability and responsiveness, without the necessity of a premium payment. No charge is incurred for routine telephone conferences with the Mayor, City Council Members, City Clerk or Department Heads, not exceeding fifteen ( 15) minutes and unrelated to real estate transactions, or litigation and which do not require research or document productions preparation. Public finance issues and loans fees are proposed, as local counsel to the City, contingent on closing, at 0.3% for the first $ 10,000, 000. 00 and  City of Midway City Attorney Services Page 4 of 4 0.2% for amounts exceeding $ 10,000,000.00. of principal amount. Validation litigation services incident thereto are offered additionally and at the hourly rates described above. There, is no charge for travel to and from home or office to City Hall for required attendance or other services. Expenses would be reimbursed consistent with the City' s policies and the contract terms. The Firm' s typical expenses specifics are described in the proposed agreement enclosed herewith. The Firm presently represents two public entities: The City of Destin, Florida, J. Jerome Miller, City Attorney; and Workforce Development Board of Okaloosa and Walton Counties, Inc., J. Jerome Miller, General Counsel. Previous municipal specific experience is partially reported above and in the J. Jerome Miller resume enclosed. Typical municipal legal issues experience is additionally reported in the other attached resumes. Three references, for similar services, attesting to the Firm' s knowledge, quality of work, timeliness, diligence and flexibility are: Craig Barker Mary Lou Reed Mel Ponder 726 Beach Drive Executive Director 4 Welaka Court Destin, Florida 32541 Workforce Development Board Destin, FL 32541 850) 376 -1400 Okaloosa Walton Counties, Inc 850) 865 -0816 8th craig.barker@cox.net 109 Ave. mel @thebeachfla.com Shalimar, FL 32579 City of Destin 850) 651 -8623 City of Destin Councilman 1997 -2001 mlreed@jobsplus02. com Councilman 2002 -2006 Mayor 2002 -2009 The role of attorney for any individual or collegiate body is unique compared to any other service utilized. Mutual confidence is the heart of such a relationship both in spirit and practice. Accordingly, such relationships of -which the Firm is a party are usually established and maintained on an at will basis. The Firm philosophy is that stability and continuity of legal services is believed critical to the success of a City. The Firm, when selected, would enter into the service with a mindset that the service is continuing in nature. No term of years obligation by the City is requested or expected by the Firm. City Attorney services, being personal by nature should be terminable at will, allowing reasonable time for transition. The Firm, when selected, would have no claim or entitlement upon termination for lost profits or any further compensation not earned prior to the time of cancellation. The proposed agreement enclosed herewith provides for cancellation by the City with thirty ( 30) days notice and by the Firm with ninety ( 90) days notice, subject to the different requirements of the City, if any. The opportunity for services review and action is open to the City Council at every meeting at which there is a quorum present and eligible to vote. The Firm certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from V  c City of Midway City Attorney Services Page 5 of 5 participation in this transaction by any State or Federal department /agency. To the extent that this writing and its enclosures omits addressing any requirement, leaves open any issue expected to be addressed, or begs further supplement -or response, please advise by contacting Jerry Miller at ( 850) 650 -0599 office or ( 850) 830 -6696.